March 22 issue (all sections) - Texas Secretary of State

Written comments on the proposed new rules may be submitted
within 30 days of publication of this proposal in the
Texas Register to Rules Coordinator, Texas Department of
Assistive and Rehabilitative Services, 4800 North Lamar
Boulevard, Suite 200, Austin, Texas 78756 or electronically to
DARSRules@dars.state.tx.us.
STATUTORY AUTHORITY
The new rules are authorized by: Texas Government Code
§2001.01 et seq., Texas Human Resources Code, Chapters 91
and 117, and Texas Education Code, Chapter 54, §54.364. The
new rules are proposed in accordance with HHSC's statutory
rulemaking authority under Texas Government Code, Chapter
531, §531.0055(e), which provides the executive commissioner
of HHSC with the authority to promulgate rules for the operation
and provision of health and human services by health and
human services agencies.
No other statute, article, or code is affected by this proposal.
§106.801. Purpose.
The purpose of this division is to set out the administration and general
procedures governing the Certificate of Blindness for Tuition Waiver.
DARS DBS provides a certificate of blindness to a person who applies
for tuition waiver at a state-supported postsecondary school in Texas.
§106.803. Legal Authority.
The Certificate of Blindness for Tuition Waiver is created under authority
of the Education Code, Chapter 54, §54.364.
§106.805. Definitions.
The following words and terms, when used in this division, have the
following meanings, unless the context clearly indicates otherwise.
(1) Applicant--A person applying to DARS DBS for a Certificate
of Blindness for Tuition Waiver.
(2) Blind--As defined in Human Resources Code
§91.002(2) means a person having not more than 20/200 visual acuity
in the better eye with correcting lenses or visual acuity greater than
20/200 but with a limitation in the field of vision such that the widest
diameter of the visual field subtends an angle no greater than 20
degrees.
(3) Certificate of Blindness for Tuition Waiver--The certificate
issued by DARS DBS to certify that the applicant is a blind person
as defined by Education Code, §54.364(a)(2). The applicant may use
the certificate to apply for a tuition waiver at any Texas state institution
of higher education using public funds, as set forth in Education Code,
§54.364(a)(5) and §1.003.
(4) Consumer--An individual with a disability who has applied
for, or who is receiving vocational rehabilitation services.
§106.807. Eligibility.
(a) For a DARS DBS consumer to obtain a certificate, the individual
must make a request with his or her vocational rehabilitation
counselor.
(b) For a person who is not a DARS DBS consumer to obtain
a certificate, the individual must submit a request in person or by mail
to any DARS DBS office, and present visual diagnostic information
confirming the person is blind as defined in §106.805(2) of this division
(relating to Definitions).
(c) Visual diagnostic information must include eye exams
from an optometrist, ophthalmologist or low-vision specialist.
(d) DARS DBS does not pay for a diagnostic exam for the sole
purpose of obtaining this record.
(e) Eligibility for a Certificate of Blindness for Tuition Waiver
is determined by DARS DBS, and the determination is final.
(f) The Certificate of Blindness for Tuition Waiver issued by
DARS DBS is not a determination that an applicant satisfies the residency
requirement, or any other requirement set forth under Education
Code, §54.364, for tuition waiver at any eligible institution.
§106.809. Certificate of Blindness for Tuition Waiver.
(a) DARS DBS is responsible for the design and content of the
Certificate of Blindness for Tuition Waiver.
(b) The Certificate of Blindness for Tuition Waiver documents
the name of the person to whom it is issued and contains the signature
of an authorized DARS DBS representative.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on March 5, 2013.
TRD-201300976
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: April 21, 2013
For further information, please call: (512) 424-4050
♦ ♦ ♦
SUBCHAPTER I. BLIND CHILDREN'S
VOCATIONAL DISCOVERY AND
DEVELOPMENT PROGRAM
The Texas Health and Human Services Commission (HHSC),
on behalf of the Texas Department of Assistive and Rehabilitative
Services (DARS), proposes the repeal and new rules
under Subchapter I, Blind Children's Vocational Discovery and
Development Program (BCVDD Program). DARS proposes
the repeal of §§106.1401, 106.1403, 106.1407, 106.1409,
106.1411, 106.1413, 106.1421, 106.1423, 106.1425, 106.1427,
106.1429, 106.1431, 106.1433, 106.1445, 106.1447, 106.1449,
106.1451, 106.1453, 106.1455, 106.1457, 106.1461, 106.1463,
106.1475, 106.1485, 106.1487, 106.1489, 106.1501, 106.1503,
106.1505, 106.1507, 106.1531, 106.1533, 106.1535, 106.1537,
106.1539, 106.1541, 106.1543, 106.1545, 106.1547, 106.1549,
and 106.1551. DARS also proposes, as replacement of the repealed
rules and/or the subject matter of the rules, new Division
1, General Rules, §§106.1401, 106.1403, 106.1405, 106.1407,
106.1409, 106.1411, 106.1413, and 106.1415; Division 2,
Eligibility and Assessment, §§106.1421, 106.1423, 106.1425,
106.1427, 106.1429, 106.1431, and 106.1433; Division 3, Services,
§§106.1441, 106.1443, 106.1445, 106.1447, 106.1449,
106.1451, 106.1453, 106.1455, 106.1457, 106.1459, 106.1461,
and 106.1463; Division 4, Economic Resources and Consumer
Participation, §106.1471; Division 5, Methods of Administration
of BCVDD Program, §106.1481 and §106.1483; and Division 6,
Complaint Resolution Process, §106.1491.
BACKGROUND AND PURPOSE
The repeals and new rules are being proposed as the result of
the review that DARS conducted in accordance with Texas Government
Code §2001.039, which requires rule review every four
years. The adopted rule review of Chapter 106 was published in
the July 27, 2012, issue of the Texas Register (37 TexReg 5641).
PROPOSED RULES March 22, 2013 38 TexReg 1957